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08-15-05 Town Council Minutes SNOWMASS VILLAGE TOWN COUNCIL REGULAR MEETING MINUTES AUGUST 15, 2005 Mayor Mercatoris called to order the Regular Meeting of the Snowmass Village Town Council at 4:04 p.m. Item No. 1: ROLL CALL COUNCIL PRESENT: Mayor Douglas Mercatoris, Sally Sparhawk, Arnold Mordkin, and John Wilkinson COUNCIL ABSENT: Bill Boineau was absent STAFF PRESENT: Mike Segrest, Town Manager; John Dresser, Town Attorney; David Peckler, Transportation Manager; Hunt Walker, Public Works Director; Art Smythe, Chief of Police; Kathleen Milbrath, Public Relations Officer; Marianne Rakowski, Finance Director; Joe Coffey, Housing Director; Rhonda B. Coxon, Town Clerk; Susan Hamley, and Marketing Director PUBLIC PRESENT: Madeleine Osberger, Rick Griffin, Jeff Tippett, Mel Blumenthal, T. Michael Manchester, Bob Purvis, Carolyn Purvis, Jim Hooker, Bianca Hooker, Colleen Doyle, Paul Fee, Jim Gustafson, Leslie Bethel, Russ Caldwell, George Bletsas, Valerie Alexander, Bob Mehall, and other members of the public interested in today’s Agenda items. DISCUSSION AGENDA Item No. 2: TOWN HALL – REVIEW OF SITE ALTERNATIVES AND RELATED COSTS/IMPLICATIONS Town Manager Mike Segrest provided Council with a historical project overview from 1998 through 2005 and stated that there have been fifteen public hearing meetings to date, including 10 Council Meetings, 3 Community Forums, 1 FAB Meeting, and 1 Planning & Zoning Meeting. Segrest stated that two Town Councils have chosen the Point/Draw site, past and present. He further stated that the property located at the Entryway was acquired for $3.5M using 2002 bond proceeds; the Draw was donated to the Town with a deed restriction for public use and affordable housing development; and the Point was acquired in a land swap including Parcel F donated to the Town and a Housing Land Credit. Consultant representative of Z Group Architects Jim Gustafson provided Council with a PowerPoint presentation depicting four Point/Draw site matrix configurations included in today’s packet within Attachment B. Council, the Consultant and the Town Manager reviewed each of the sites and discussed pros and cons relating to the Point/Draw location. 08-15-05tc Page 2 of 13 Leslie Bethel of Leslie Bethel Planning & Development discussed a recent study that she conducted of possible locations within the Entryway and stated that any of these options may require an amendment to the Town’s Comprehensive Plan because Town Hall could conflict with some of the proposed uses for this area. She stated that the current Entryway Master Plan is shown on Attachment D in today’s packet. The alternatives include locating Town Hall within the proposed parking footprint ”D1”, within the proposed special events/rodeo arena “D2”, within the proposed park area “D3”, and within the Seven Star triangle parcel “D4”. Bethel explained the four alternatives beginning with the following: 1. “D1” alternative would require structured parking in order to provide the additional parking needed for Town Hall and to maintain the current amount of parking for day skiers unless other Entryway amenities were deleted to allow surface parking. Unless the Town was willing to go to at least a three to four story parking structure, eliminate the special events/rodeo arena, or reduce the park area, the opportunity cost would be that the Town would not be able to achieve the ultimate goal of 650-day skier parking spaces in the Entryway. Town Manager Mike Segrest stated that the estimated financial impact is $4,500,000 to $7,500,000 to pay for the initial structured parking (not including the future expansion to 650 spaces). If a fee were charged for parking approximately 1/3 of this cost could be offset from revenue. If the Entryway location is selected by Town Council, staff would recommend this alternative because it preserves the most future options for other community needs within the Entryway and the least environmental impact, but would have a visual impact. 2. “D2” alternative would require the elimination of some of the park amenities, probably the park area nearest the pond that serves as the primary space for community picnics and general play space. Segrest stated that there is probably no financial impact of this alternative except the value of the land. 3. “D3” alternative would eliminate the special events/rodeo arena. As staff has been planning this space we have envisioned multi-use of this facility for rodeos, small concerts, support space for conferences and group events, an ice arena in the winter months, etc. Although not quantifiable at this point, the space could be a significant resource to support the local economy and future anticipated community needs. 4. “D4” alternative would impact the open space feel of the Entryway and infringe very closely to the adjacent wetlands. It is also very likely that the Town would have to purchase all of the Seven Star property due to the impact to remainder of the parcel not currently included in the purchase agreement. Segrest stated that this could cost as much as $1,400,000. Bethel further stated that all of the locations except for the Seven Star parcel have opportunity costs in the loss of some existing planned amenities as well as different actual cost implications. The opportunity costs and estimated financial impacts of each are as follows: Option D1 through D3 there is also an estimated value of $1,125,000 for the value of the land, based upon the purchase offer we received during the Entryway Design competition. Bethel stated that it is assumed that the actual construction cost would be the same at the Entryway as at the Point/Draw site although there would be additional costs to upgrade the sewer lift station at the Entryway. In conclusion, Bethel stated that there are soil/structural implications at both the Entryway and the Point/Draw sites that would likely be comparable. Town Manager Mike Segrest stated that Town department heads overwhelmingly support proceeding with the proposed Point/Draw site for Town Hall and that they feel the project needs to move ahead as quickly as possible. Segrest further stated that if Town Council ultimately concludes that the Town 08-15-05tc Page 3 of 13 should sell the Point site, staff recommends that we still move forward with the bond issue this November for the full amount needed and structure the bond to allow it to be sold relatively soon so that proceeds from the sale of the Point site could used to pay off the bond early. He stated that if the Point/Draw site is abandoned, that staff further recommends that the Draw only option be the selected site for Town Hall, which would still allow the Point site to be sold while providing some of the benefits of the Point/Draw site. It would also allow most of the planning efforts to be useful since the Draw Only site is very similar to the Point/Draw site (it would preserve the maximum flexibility in the future for community amenities and services within the Entryway). Town Council and the Town Manager Mike Segrest discussed employee housing, a deed restriction, which is on the Draw site NOT the Point site and the option of selling the Point site. Segrest explained that some members of the community have suggested that the Town should reconsider selling the Point site and using those funds to build Town Hall and stated that the Point site was appraised at $6,800,000, when the land trade was made. That was based upon the land use designation of 20,000 square feet of commercial development on the parcel and Aspen comparables because there were no recent commercial and sales in Snowmass to use. The portion of Parcel F that the land traded for the Point Site was appraised on the same basis, so although both appraisals may have been somewhat high, the difference between the two was deemed to be reasonably valid. Segrest further stated that the difference in value of $3,370,000 was covered by granting the Aspen Skiing Company (ASC) the right to use the Draw site for any future employee housing mitigation they might be required to provide and receiving a credit for the land cost portion only for the required mitigation. The Town did NOT pay anything for either the portion of Parcel F that was traded or the Draw site. NOTE: Mayor Mercatoris took public comment at this time. Jim Hooker, local resident: In response to an inquiry by Mr. Hooker, staff stated that the Town’s rent outlay at this point and time is capable of servicing slightly less than three million. Bianca Hooker, local resident: In response to an inquiry by Ms. Hooker, Town Manager Mike Segrest, Mayor Mercatoris, and Leslie Bethel stated that plans for a gas station are still located between the parking lot and Brush Creek Road in the Entryway Plan. Jeff Tippett, local resident: Relating to the land, Merc was the only elected official at the time but some of you may remember that in the 80’s we were proposing to build an operations facility, which took the Town three elections to get through the issue of where it will be located. We tried at the Divide location, Entryway, Hidden Valley, and eventually got approval for the Owl Creek Road site location. And I remind you of this only to urge you that the community is absolutely certain that the right location is chosen. If there is any doubt in Council’s mind, you can be certain that there will doubt in the minds of the public and if they don’t like the location you’ve chosen they will vote no. In addition, “I think that you are over stating the civic pride issue about having a Town Hall; most people feel that the wheels of government function very smoothly in rental space and have for twenty- five years. And I don’t think that there is a perceived sense of urgency about what is happening with this building (Snowmass Center Building). I think that everyone knows that the owners are actively looking for a buyer for the Center. So even though the Town is on a month-to-month rental, I think 08-15-05tc Page 4 of 13 that you can rest comfortably here for a period of time and seriously if you did have to operate out of some rented double-wides (modular buildings) the way that the contactor for Base Village is operating on their space it shouldn’t be a problem.” Tippett inquired as to the project costs and stated that it was reported in the newspaper that the costs would be $4.7M and in today’s packet it is $6M and the Town is asking for bonding approval of $8.5M. So “I’m wondering what the project cost is and just wanted to point out that you never really know what the project cost is until you get a contractor who is willing to sign a proposal to build it for a certain price”? In response to Mr. Tippett’s inquiry, Town Manager Mike Segrest stated that the project is $6M today, and what has raised that cost up somewhat is quality materials, adequate parking underground/sheltered so it is not so visible, maintenance costs, and added contingency to get the job done. The Finance Director Marianne Rakowski stated that the $8.5M includes a rebate of two bonds including the Road Bond and the Operations Facility Bond. In response to an inquiry by Mr. Tippett, the Town Manager stated that 11,000 square feet is what the Town is currently renting and approximately 17,000 square feet is being proposed for the new facility. Tippett stated that the Draw site might be an option to consider. The other “elephant in the corner” is the Rodeo; what is the future of the Rodeo and does it justify granting it such a huge piece of land at the Entryway? In response to this inquiry, Mayor Mercatoris stated that Town Council is planning to revisit the issue of operations of the Rodeo and a decision would be made as to which direction the Rodeo might be taking in the near future. Mel Blumenthal, second homeowner: When you were talking about potential conflict of selling the Point and then re-zoning, can the re- zoning be done before it is sold? Town Manager Mike Segrest stated that the re-zoning could be done first and then we would have to go through the PUD process in order to figure out what is actually going to be built. Blumenthal stated disapproval of rationalizing whether the land is worth less than what we traded it for. Mayor Mercatoris stated that the land is worth $6.8M or more and that he thinks that the land can be sold to someone who wants to try a commercial endeavor. However, he stated that he wouldn’t try a commercial endeavor, he would buy that land and put Owl Creek Town Homes on it at 3,000 square feet for each and sell them to the second homeowners for a lot of money if he was in the private sector and that was his land. Blumenthal stated that he spent a good deal of time at council meetings during the Base Village process and when we started an entryway it was right in the middle of that process a number of us couldn’t figure out why we were doing it then anyway because our heads were really in the middle of Base Village but we did something. But what we definitely didn’t do is analyze any of the choices on an economic basis. And I think that the community, now that we have some possibilities, should decide where it should go. I think that you have to put the economics in; I thought that we were going to hear an economic analysis because we’ve talked about that last time this issue came up. My personal opinion is I don’t go along with the idea of not having an economic valuation on the Point site. Whatever the difference is a big difference and Council has to justify that difference. T. Michael Manchester, former Mayor and local resident: I’d just like to get one clarification what Mel was talking about from packet page 19 relating to present value cost over a 40-year-period of a rent option versus a General Obligation (G.O.) option and I am 08-15-05tc Page 5 of 13 not sure if that rent option included a buy out or if that was only the $6M-ish that is necessary for the Town Hall. I think that it is important to remember that every council I sat on choked over how much was being spent on rent. And a part of this is about economics over a long term. When you are building, you want the ability to reduce your long-term costs forever. Bob Purvis, local resident: Explained the cash flow analysis chart on packet page 22 during year one and the escalated rent costs at 3% per year. Purvis added $6.8M value of the Point site to $6.3M = $13.1M. He further stated disapproval of a lease-to-own situation and approval of the numbers within the Draw site proposal. In conclusion, Purvis stated that the right way to do this is by going to ballot and asking for a $6M bond issue to be repaid back by the citizens over twenty years or the Town sells the Point and take $6M from that sale and buy yourself a Town Hall and take $8M and put it against the recreational center and reduce your buying requirements at the recreational center from $3.1M to $2.3M. Because either you have the Point site without the $6.8M or you have $6.8M without the Point site. Rick Griffin, local resident: Requested being considered the listing agent for point site. Further, “Firstly, I don’t believe that the numbers that it will cost the same to build at the Entryway as it will on the Point site. The Point site and the Draw have severe slope, shale and a number of other ingredients including rot, which are going to make this an expensive building proposition. Secondly, I do appreciate Mr. Manchester’s comment that we aren’t going to add more traffic by having the Town Hall up here. Thirdly, I don’t believe all of the options have been looked at closely on the Entryway. Fourthly, I don’t believe that this is the center of Town; Snowmass Village is a small community. The best use probably would be Owl Creek Town Homes at the Rodeo to recover money. I believe that you are running a serious risk by having this defeated because you are forcing community to vote NO by combining issues. We do need a New Town Hall.” Michael Manchester, former Mayor and local resident: Commented on structure and stated that for fifteen years Snowmass Village’s residents, guests, Councils and Planning Commissions have tried to figure out what it is that makes us special and how it is we transition from what was a resort thirty-five years ago and to what we are today as a community resort. What makes the community side of that happen, and for me over the years it I believe it is human interaction as residents, guest, contractor, architects and planners. Sometimes that interaction happens purposely and through other opportunities and through government. Town Hall is about governing our community and how it works and governance should include all the difference people of the groups in a way that allows them to be a part of governance. The Town Hall should be designed and located in a way to enhance that interaction in the core of the village and I have supported the Point site since the very beginning of these discussions. The town core is the center of our community and fractionates the entire community if you put the Town Hall at the Entryway and is a bad way to run a town. I think it is important to consider the costs and employee housing. The other piece relating to the Entryway is that there is only so much land down there and is wrong for us socially and architecturally. I encourage the community to concentrate how within the Town Core you build a facility that works and integrates all of the community members. The Point is my favorite because it provides an architectural element that town halls should always do, which make a statement that the community is proud of who we are and we want others to be a part of it. Jim Hooker, former Mayor and local resident: 08-15-05tc Page 6 of 13 “I think that it is almost blasphemous using Ben Woods name in conjunction with anything in this village in light of what has taken place in the last 18 months. There are cores throughout the village including the chapel, the ball field, Anderson ranch etc. I feel cannot find any reason for NOT doing a Town Hall at the Rodeo site. There are also the unknowns about parking levels. Then we have the Conoco site, whose telling us what is going in that site”? George Bletsas, second homeowner: Stated that “what troubles me the most is that is seems that the township of Snowmass is taking a tact the does not encompass a long-range view. We should have a long-term master plan and the Town has not done a thorough investigation of the Entryway site.” Colleen Doyle, second homeowner: “I would like to ask that a traffic study be done relating to emergency vehicles access in and out of the Entryway and I’m very concerned that it will be harder to get emergency vehicles out of the center location. Nobody as addressed the Entryway as being a welcome center to the community. In my opinion it would be an ideal place for Town Hall.” Paul Fee, local resident: Stated that “money is a huge issue; many decisions made historically were made back when a true amount of money wasn’t apparent to the community and there is not a passion for Town Hall. The Point/Draw site really only emerged as an issue when the community at large became aware of the tremendous cost differential between locating it one place versus another. And I think that Town Council was moving at a glacier momentum to a decision before realizing what the community wants. The Town Hall is not a Starbucks where everyone hangs around. People who go to town hall go there for specific reasons.” In my humble opinion, this has a huge potential of being defeated if you can’t convince the community that there is a $4M+ advantage to being at the Point versus being down at the Entrway. Russ Caldwell, Representing Kirkpatrick & Pettis (Town’s Bonding Council): Stated that he has been working with the Town since 1981 and that we need to fit this project into the normal things that the community wants to do and think about the limitations on the numbers exercise and the kind of things that have come to the table on this project show us time and time again that when you set public policy we’re not dealing with these things. I have built a number of town halls and noticed that if you work with the Town’s credit rating, which has been developed into an “A” credit rating. There are a number of things that we want to be able to say at the end of the day and one is that we’ve done a detailed analysis and that this is more than a numbers exercise it is much broader than that; we are not dealing with a commodity. After further discussion, Town Council Members stated their views relating to the economics issue as follows: Council Member Mordkin stated that the economics only come into play if the community want to sell an asset and he doesn’t know if they want to sell the Point site. Council Members Sparhawk and Wilkinson stated that they do not want to sell the Point site and that the community at large does not want to sell it either. Mayor Mercatoris stated that if we aren’t going to put a Town Hall at the Point site it would make a wonderful place to put deed restricted employee housing and that the land should stay in the public’s hands either as open space or as employee housing. As for location for a Town Hall Council Members stated their views as follows: Council Member Wilkinson stated that the business end of the community is in the business end of the community and the business end of the community is up here (localized at the Snowmass Center site) not the 08-15-05tc Page 7 of 13 Entryway. Wilkinson stated that the Entryway is for recreation and open space and that the Town departments are splintered they way things are set up now, with the Marketing Department at the Mall and Town Hall at the Snowmass Center. Council Member Mordkin stated that the Town bought the Rodeo grounds one of the reasons was to stop the Burwell Development and that kind of development at that site. Mordkin stated that if you take the money equation out we have a central core and the proper place for a Town Hall is on the point site. Council Member Sparhawk stated that this is the center of town and it makes sense to have a Town Hall at the point site. Mayor Mercatoris stated that NOT selling public land to reduce taxes is a wise direction that this Council is heading, the financing we are talking about is public wanted parks and recreation; he would like to see the entryway for recreational use since the future of the Rodeo is unstable at this time; and the Point site for a new Town Hall. Mayor Mercatoris stated that after a conversation he had with Council Member Boineau just yesterday, that Boineau requested that his views be shared in approval of the Point site for the Town Hall and the way to fund it is by the G.O. Bond. NOTE: Mayor Mercatoris took more public comment at this time. Bianca Hooker, local resident: Stated that the Town Hall should have the western heritage theme as an exterior. Colleen Doyle, second homeowner: Stated that she heard three arguments today one being the land use policy for the Rodeo/Entryway site, two about public selling land and third, the core of town. Doyle urged Council to consider the present location as the core of town. Mayor Mercatoris stated that during Sketch Plan it was decided that the grocery store be expanded and the Post Office would also remain in this location and expanded as part of the redevelopment. Mayor Mercatoris further stated, that as he understands it the Snowmass Center building is very close to being sold so the idea of how long it may be before we see a reapplication is an unknown. Council Member Wilkinson stated that from the Planning Commission level, a grocery store, post office and a drug store are going to be in the plans. Bob Purvis, local resident: Requested a decision from Town Council on whether or not to sell the Point site is a decision not to sell an asset called the Point site or is it a policy decision that this Council says that it will not sell all capital assets? The question is if you say it is about the Point site and not a policy; would you recommend spending $6.8M and therefore put out a bonding issue for the Town Hall incremental of $8M. I don’t want those answers tonight but there are implications for future issues that might come out. Jim Hooker, Former Mayor and local resident: Respectively requested that Council Member Mordkin not compare us with places like Paonia or Jeffco. He stated that he would not pick something and jam it into the center just because it “belongs” it has to work. Mel Blumenthal, second homeowner: Stated that Arnie’s comments about trying to separate economics decisions from the Town Hall is a nice goal but terribly unrealistic. People in this community are going to think about economics. The reality is that if the economics don’t look good to the community then they are going to vote NO. If it 08-15-05tc Page 8 of 13 gets turned down then you have probably doing one of two things, which are living out of trailers for a time or negotiating with someone to extend your lease at the Snowmass Center. Colleen Doyle, second homeowner: Requested a traffic study. Council Member Mordkin shared his idea that the ballot measure language should say: 1. Shall we construct a Town Hall? and 2. Shall the Town give the estimated $6M or so dollars on the Draw or the Rodeo site? Now the economics are gone because we aren’t saying that we are going to build it on the Point site. Then we put a ballot question together with language stating: Shall the Town sell the Point site? If the voters are opposed to selling the Point site it is simple enough to move it forward. Paul Fee, local resident: Stated that it is not appropriate to ask a ballot question in the abstract, such as Councilman Mordkin is suggesting; you’ve got to be square with the voters and ask: Are you willing (it will require the sale of the Point site) to save $4M or whatever the number is. We need to link the issues so that the voters clearly understand the issues. Rick Griffin, local resident: Re-visited his earlier statement of the Snowmass Center is under contract . . . But it hasn’t closed yet and plans have not been discussed and he doesn’t believe that the existing owner or the future owner have any plans to get rid of anyone who is paying them money to occupy the space in this building so I think that the order for trailers is extremely premature. There is time to work out the issue of what will work best and implement what will work best. Bob Mehall, local resident: Stated that whatever happens with Town Hall and the Snowmass Center that the size will be large and we have to be careful with traffic impacts. There being no further discussion, Mayor Mercatoris made a motion to approve the Point site for the New Town Hall, seconded by Council Member Wilkinson. The vote was approved by 4 in favor 0 opposed. Council Member Boineau was not present. Mayor Mercatoris made a motion to approve a G.O. Bond as a financing mechanism to build the Town Hall, seconded by Council Member Wilkinson. The vote failed due to a request for more discussion on the ballot language issue. NOTE: At this time Council took a 15-minute break and reconvened at 6:45 p.m. Item No. 3: COMMUNITY AND PUBLIC RELATIONS OUTREACH PLAN The Public Relations Officer Kathleen Milbrath provided Council with a PowerPoint presentation reviewing two over all questions: 1. do the goals and objectives represent measurable results that Council is looking for, as it relates to public involvement and 2. are the tactics acceptable in meeting our goals? She clarified in detail Goal No. 1 through IV and discussed with Council related objectives. Milbrath further stated that August 17, 2005 will be the first shoot of the Town’s television show, Town Talk, which will feature local business owners, residents, town issues, and will be conducted in an interview type format on CGTV channel 11. 08-15-05tc Page 9 of 13 Town Council and Milbrath discussed introducing an evaluation process conducted by the Town, which will reflect a community survey of information venues discussed above. Council Member Wilkinson requested that the Public Relations Office investigate how to involve more people, such as the schools, at the Community Forum Meetings since the same public members attend. Milbrath stated that she agrees and suggested that staff reach out to groups they are in communication with and personally invite them to these meetings. NOTE: Mayor Mercatoris took public comment at this time. Colleen Doyle, second homeowner: Stated that the new Town position of Public Relations Officer will be an asset to the Town outreach program and requested that the terminology be consistent and clarified between the Town and community plans. Milbrath stated that she would investigate the various groups associated with the Town and engage these groups in the process as she becomes more familiar with them. In response to an inquiry by Doyle, Milbrath stated that it is paramount that the Town Council and employees of Snowmass Village seek opportunities to inform the public whenever possible and will strive to inform and engage the entire community as well as listen to what the public has to say. Doyle further requested that the second homeowners be listed as one of the target audience user groups (packet page 27). Milbrath stated that she is compiling an e-mail database and that this would be implemented in the future, as it requires high maintenance. Mel Blumenthal, local resident: Stated that as the President of the Homeowner’s Association he see an opportunity to streamline communications on Town issues. Madeleine Osberger, Editor/General Manager In response to an inquiry by the Public Relations Officer, Osberger stated that doubling publication of the Snowmass Sun newspaper is one of her long-term plans, perhaps after Base Village is built. Item No. 4: PUBLIC NON-AGENDA ITEMS No public non-agenda items at this time. Item No. 5: COUNCIL UPDATES Wave Ball Council Member Wilkinson stated that he made contact with the Wave Ball people in Belgium and found out that approval has not occurred in the United States due to liability concerns with people getting under the wave and injured. Item No. 6: FIRST READING – ORDINANCE NO. 10, SERIES OF 2005 FIRST READING CONSIDERATION OF AN ORDINANCE APPROVING THE REZONING TO ‘RECREATION’ AND THE SPECIAL REVIEW IN COMBINATION FOR THE TOWN ENTRYWAY POOL PROJECT, LOCATED ON LAND INVOLVING: 1) A PORTION OF PARCEL “G” OF THE HORSE RANCH PUD ZONED ‘PUBLIC’ ALONG THE EAST SIDE OF CURRENT HORSE RANCH DRIVE, 2) A MAJORITY OF 08-15-05tc Page 10 of 13 PARCEL “H” OF THE HORSE RANCH PUD ZONED ‘COMMUNITY COMMERCIAL,’ 3) A PORTION OF THE “INTERCEPT LOT RODEO GROUNDS” ZONED ‘COMMUNITY COMMERCIAL,’ AND 4) A PORTION OF THE “STABLES FACILITIES PARCEL” ZONED ‘MIXED-USE-PUD,’ COMPRISING A TOTAL OF APPROXIMATELY 2.027 ACRES Council Member Mordkin made a motion to approve First Reading of Ordinance No. 10, Series of 2005, seconded by Council Member Sparhawk. Senior Planner Jim Wahlstrom provided Council with an overview of core issues to be discussed during today’s meeting and stated that the main purpose is to review the First Reading concerning the proposed rezoning to ‘Recreation’ and the Special Review application for the Town’s Entryway Pool project. Wahlstrom referred Council to packet page 41, draft conditions 3) and 6) and stated that final landscape civil plans are currently under review; and that on packet page 42, conditions 11) - 17) were reformatted, updated and incorporated per Town Council requirements from the August 1, 2005 meeting discussions. He stated that the Planning Commission recommended that Town Council approve the project with conditions during their July 20, 2005 meeting and reported that a ¾ super-majority vote is required for the development encroachments into the 25-foot wetland setback area. Mayor Mercatoris amendments on packet page 42, conditions 12) and condition 13). Representative from Blue Green LLC Valerie Alexander stated that the items that were discussed in the Point Presentation include milestones; current program; wave ball; square footage; the slide; the spill entering the pool and costs associated; and the five-foot depth with an 8% slope. Alexander reported that they provided a cushion in the square footage of the building and that the actually building footprint has not changed. Town Council, the Applicant, staff, and Mel Blumenthal discussed building materials to be used. Council Member Mordkin requested that the western heritage theme be implemented into the design plans with use of natural and raw materials as well as bronze reflective glazing. NOTE: Mayor Mercatoris opened the Meeting to Public Comment. There being no public comment or further discussion, the vote was approved by 4 in favor and 0 opposed. Council Member Boineau was absent. Item No. 7: RESOLUTION NO. 34, SERIES OF 2005 CONSIDERATION OF A RESOLUTION CALLING A SPECIAL ELECTION AND SUBMITTING A RECREATION CENTER BALLOT ISSUE QUESTION TO THE ELECTORATE Council Member Mordkin made a motion to approve Resolution No. 34, Series of 2005, seconded by Council Member Sparhawk. Representative for Kirkpatrick Pettis Russ Caldwell stated that the language for the Town Hall Ballot question does not need to be changed because in the worst market increases the payment approximately $136,000.00; growth and assessed value in reassessment wipes out that payment so there is not a mill levy issues. However, if you were to just pass the recreational center the Town has authority to refinance and same money on those over five years on old ballot questions. It was only when we do Town Hall and add the other $6M that we would need to reallocate them differently according to the Bond Attorney in order to not raise taxes. 08-15-05tc Page 11 of 13 Council Member Mordkin clarified what Mr. Caldwell stated above and stated that if the Town Hall issue was to fail but the recreational center was to pass it still would not end up resulting in the amount of tax that everybody pays in the next five months. Council Member Wilkinson inquired of whether this wording would limit our abilities in the future from the constraints within Tabor. Mr. Caldwell responded stating “the Town would have authority without adding it to this Ballot question to do some refinancing on Bond numbers 91 and 96 and make things even better.” NOTE: Mayor Mercatoris opened the Meeting up for Public Comment. There being no public comment or further discussion, The vote was approved with 4 in favor and 0 opposed. Council Member Boineau was absent. Item No. 8: RESOLUTION NO. 35, SERIES OF 2005 CONSIDERATION OF A RESOLUTION CALLING A SPECIAL ELECTION AND SUBMITTING A LODGING TAX BALLOT ISSUE Town Manager Mike Segrest stated that Town Council and staff have been working with the lodging community, the Snowmass Village Resort Association (SVRA) and the Marketing and Special Events Board (MSEB) for over a year to address concerns about the future of group sales efforts for Snowmass Village. He stated that from these efforts a general consensus has been reached that groups sales should be funded town-wide not just from guests at properties within SVRA. Segrest stated that this is very critical due to the imminent increase in new lodging properties outside of SVRA. He further stated that the Town and SVRA have reached general agreement on a transition plan under which SVRA would eliminate its 2.4% civic assessment and transfer the group sales function to the Town and that the MSEB has agreed to add this responsibility under its overall umbrella of its responsibilities and provide coordination with the Marketing and Special Events activities; a new Town department will be created to manage group sales if the tax is approved. Mayor Mercatoris stated that the group sales proposal presented today is just that, a proposal. After further discussion, Council Member Mordkin made a motion to approve Resolution No. 35, Series of 2005 as amended, seconded by Mayor Mercatoris. The vote was approved by 4 in favor and 0 opposed. Council Member Boineau was absent. Item No. 9: RESOLUTION NO. 33, SERIES OF 2005 CONSIDERATION OF A RESOLUTION CALLING A SPECIAL ELECTION AND SUBMITTING A TOWN HALL BALLOT ISSUE QUESTION TO THE ELECTORATE Town Manager Mike Segrest stated that the core issues for discussion during today’s meeting is whether or not to go forward with the ballot question pertaining to Town Hall for the November 2005 election. NOTE: Mayor Mercatoris opened the Meeting for Public Comment. There being no public comment or further discussion, Council Member Wilkinson made a motion to approve Resolution No. 33, Series of 2005 as amended, seconded by Mayor Mercatoris. The vote was approved by 4 in favor and 0 opposed. Council Member Boineau was absent. 08-15-05tc Page 12 of 13 Item No. 10: SECOND READING - ORDINANCE NO. 07, SERIES OF 2005 SECOND READING CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE V, CHAPTER 2, SECTION 2-97(a) OF THE MUNICIPAL CODE CONCERNING THE CODE OF ETHICS Mayor Mercatoris and staff discussed the issue relating to “No official or employee of the Town shall appear on behalf of a personal or private interest before the Town Council . . .” NOTE: Mayor Mercatoris opened the Meeting for Public Comment. There being no public comment or further discussion, Mayor Mercatoris conducted a roll-call vote. Council Member Mordkin made a motion to approve Second Reading of Ordinance No. 07, Series of 2005, seconded by Council Member Wilkinson. The vote was approved by 4 in favor and 0 opposed. Council Member Boineau was absent. Item No. 11: MANAGER’S REPORT Video Web Casting Council Meetings Town Manager Mike Segrest reported that transferring the data to be accessed on the Town’s web site is not obtainable due to the size of our server and the length of the council meetings. After further discussion, Council requested that Segrest do further research on restructure, costs associated and updating the web site and report findings to Town Council during a meeting in the near future. Ballot Advisory Question Mayor Mercatoris requested that the only advisory ballot question should be as follows: Shall the Town of Snowmass Village retain the Point site for a public facility such as the Town Hall, employee housing or open space? Council Member Mordkin made a motion to include this language on the ballot question, seconded by Mayor Mercatoris. After further discussion, Mayor Mercatoris withdrew his second. The motion failed by virtue of 1 in favor and 3 opposed. Council Member Mordkin was in favor and all others were opposed. Council Member Boineau was absent. Item No. 12: APPROVAL OF MEETING MINUTES FOR 06-06-05, 06-20-05 AND 07-05-05 There being no discussion, Council Member Sparhawk made a motion to approve the Meeting Minutes for June 6, June 20, and July 7, 2005, seconded by Council Member Mordkin. The vote was approved by 4 in favor to 0 opposed. Council Member Boineau was absent. Item No. 13: COMMITTEE REPORTS/CALENDARS Golf Course Landscaping Council Member Wilkinson reported that the landscaping adjacent to the bike path on the golf course is rotting with exposed rock and covered by native grasses and requested that staff take care of it. Brush Creek Trails In connection with that, Wilkinson stated that there was a trail connection from the Brush Creek Trail to the Snowmass Clubhouse that connected up to the Snowmass Club and dirt has covered the trail 08-15-05tc Page 13 of 13 connector and it is now fenced over and covered with dirt and requested that staff check the trails for trees and wash outs. Mountain View Steps Council Member Sparhawk thanked staff for putting in steps from Mountain View down to the Palisades. th 4 of July Picnic th Council Member Sparhawk stated that she has received several requests that the 4 of July Picnic be th done next year on July 4, as well as several requests for hot dogs. Council commended the Town Clerk for such a great community event and all her hard work. Item No. 14: ADJOURNMENT There being no further business, Mordkin made a motion to adjourn the Regular Town Council Meeting, seconded by Council Member Wilkinson. The motion was approved by a vote of 4 in favor to 0 opposed. Council Member Boineau was absent. The Meeting adjourned at 8:56 p.m. This set of Meeting Minutes was approved by Town Council during a meeting held on September 19, 2005. Respectfully Submitted By: